Taking a tumble can be a jarring experience, and even more so when it happens due to someone else’s negligence. If you’ve suffered a slip and fall injury on someone else’s property in Indiana, you may be wondering what legal recourse you have.
The good news is that Indiana law recognizes the responsibility of property owners to keep their premises safe for visitors. This blog post will provide a basic overview of slip and fall law in Indiana, helping you understand your rights and options after a fall.
What Constitutes a Slip and Fall Case?
A slip and fall case falls under the broader category of premises liability law. This area of law holds property owners accountable for injuries sustained due to hazardous conditions on their property that they knew about or should have known about.
Elements of a Slip and Fall Claim
To succeed in a slip and fall case in Indiana, you must generally prove the following elements:
- The property owner had a duty of care to you. This means that the owner had a legal obligation to keep the property reasonably safe for visitors like you.
- A hazardous condition existed on the property. This could be anything from a spilled liquid on the floor to a cracked sidewalk to a poorly maintained staircase.
- The property owner knew or should have known about the hazard. This doesn’t necessarily mean the owner had to witness the hazard firsthand. In some cases, the hazardous condition may have existed for long enough that the owner should have been aware of it through reasonable inspections.
- The hazard caused your fall and resulting injuries. You’ll need to establish a clear connection between the hazardous condition and your fall.
Comparative Fault in Indiana Slip and Fall Cases
Indiana follows a comparative fault system. This means that even if you were partially to blame for your fall, you may still be able to recover damages from the property owner, as long as your own fault was less than 50%.
For example, if you were walking distracted on your phone and didn’t see a wet floor, you might be assigned 20% of the fault for the accident. In that case, you could still recover 80% of your damages from the property owner.
What Damages Can You Recover?
If you win a slip and fall case, you may be entitled to compensation for various damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
What Should You Do After a Slip and Fall?
If you’ve been injured in a slip and fall accident, it’s important to take the following steps:
- Seek medical attention. This is the most important step, as it will ensure you get the necessary treatment for your injuries and create a medical record of your fall.
- Report the accident to the property owner. This should be done in writing, and you should keep a copy of your report for your records.
- Gather evidence. Take photos of the hazardous condition that caused your fall, if possible. Also, get the names and contact information of any witnesses.
- Contact an experienced personal injury attorney. An attorney can help you understand your legal rights, investigate your case, and negotiate a fair settlement with the insurance company or represent you in court.
Disclaimer:
This blog post is for general informational purposes only and should not be construed as legal advice. If you have been injured in a slip and fall accident, you should consult with an experienced personal injury attorney to discuss your specific case.
We Can Help
At Kooi Law, we have a team of experienced personal injury attorneys who can help you navigate the legal process after a slip and fall accident. We understand the challenges you’re facing and are committed to helping you get the compensation you deserve.
Contact us today for a free consultation.
